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Checks whether the instrument has a Restraining Order under the Criminal Proceeds (Recovery) Act 2009 (CPA Act) registered against a title.
If found the instrument will step down to Lodge.
Checks the structured data transferor and transferee details for the instruments against the tax information details to make sure they match.
Checks that each instrument in the dealing affects at least 1 title.
Checks the instrument creates at least 1 historic view memorial.
Checks an applicant or new name has been entered for each title that a change of name affects.
Checks all titles listed in the Create dealing screen for the new instrument are title references of the affected instruments selected.
When the mode is Lease/Mortgage/Other this checks the registered owner/interest holder for the new instrument are the same as the registered encumbrancees for the affected instrument number or are encumbrancees created by a prior instrument in the same dealing.
Checks transmission type is appropriate for the ownership. For example, joint tenancy for transmission by Survivorship.
Checks the share entered is not more than the transferor owns.
This warning only runs for the 1st instrument in the dealing. It provides an additional warning for dealings containing initiated plans.
For Caveat instruments this rule checks at pre-validation and submission if there are any A143, A145, S145, M143, M145, TPS, CO instruments on the affected titles.
If the title is less than 10 years old it will check prior title references until it has checked back to one that is more than 10 years old. If any of those instruments are found or it is otherwise unable to complete the check the rule will fail and step the instrument down to Lodge for checking by Toitū Te Whenua staff.
Checks each instrument has been signed for each role by a conveyancing professional (CP).
This rule will not fail at submit if the CP is no longer associated with the firm and no longer has signing rights.
Checks that AIN exists, is the correct type and appears on all titles in the prepared instrument. This check is applied to title estates as well as current memorials on titles.
Checks that the instrument being discharged or withdrawn is current on all affected titles and the instrument is the correct type for the instrument. For example, when discharging a mortgage a Discharge of Mortgage has been used.
Checks whether the affected instrument number is referenced in any prior full Discharge of Mortgage instrument with a non-final status.
Checks that:
If a new title is being issued from an instrument this rule will not run and the dealing will step down to Lodge.
Checks that transferee shares add up to 1.
Checks the number of names selected as affected and/or entered such as transferees in a joint tenancy does not exceed the maximum number of 2048 characters for the instrument.
Checks all mandatory fields for instruments have been completed.
When there is a current Joint Family Homes (JFH) memorial on the current view of the title this checks that all registered owners are dealing with the land. If all registered owners are affected in the transfer the JFH memorial will be removed. If not, all registered owners are affected, this business rule will fail.
Checks if there are any prior instruments within the same dealing that will cancel the current JFH.
Checks:
Checks the:
Where there is a current Joint Family Homes (JFH) memorial on the current view of the title this checks that all registered owners are dealing with the land. If all registered owners are affected in the transfer the JFH memorial will be removed. If not all registered owners are affected, this business rule will fail.
Checks at least 1 image has been attached to an image only instrument. For example, an instrument with a status of Lodge.
Checks the deceased names and applicant names are unique for each row. For example, the same executor is not recorded multiple times for the same deceased and share/interest.
Checks if shares for a transferor or mortgagor have been modified. For example, using the Change due to pending dealing checkobx. If they have been changed, checks the new transferor or mortgagor shares equal 1.
Checks if there is a joint tenancy.
Checks when only some of the joint tenants are transferring their interest/share that:
Checks the transferee or applicant is the same for all affected instruments or all titles affected by the transfer or transmission.
Checks a transfer in Part of Land/Complex mode with a Third Party Transferor entered also has a justification selected.
Checks whether a transmission by Executor/Administrator, Company or Official Assignee contains a title with a current Joint Family Home (JFH) memorial or if there is an instrument within the same dealing cancelling a JFH.
Checks the transferee or applicant name has data in either the Family Name or Corporate Name field, but not both fields.
Checks for Māori Land titles and prevents registration unless a certification has been made.
Checks instruments that affect other instruments, such as a Transfer of Mortgage to understand if:
If these scenarios are found the instrument will step down to Lodge.